The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-11
TEE TALI,Y-sHEET FoReBRIEs.

caused some surprise and anxiety. 1t had
been supposed they would have reported ere
this, and public opinion has been practically
unanimous as to now they would report.
Every intelligent man in the community be-
lieved they would return indictments against
the presumably guilty parties, simply because
every intelligent man knows they ought to,
and it is assumed that men in public position
will perform their duty. The delay in max
ing the report has given rise to rumors that
the grand jury would not return any indict-
ments in these cases. We hope these rumors
may prove untrue, yet candor compels
they are not unnatural. We must 60
further and say, that after close inquiry on
the subject and careful weighing of facts
and circumstances, we fear the rumors are
too we'll founded. In saying this the Journal
does not betray the secrets of the grand jury
room, for the very good reason that it is not
in possession of them. 1t only tells what it
has reason to believe from evidence acquired
through other channels. We do not desire
to do the grand jury injustice. We wish to
believe it to be composed of honest men.
They are entitled to the benefit of this pre-
sumption until the contrary shall appear. 1t
would be unfair to PREJUDICE or condemn them
on mere rumor or conjecture, however appar-
emily we'll founded; but we at liberty to
consider a supposititious case. We will, there
fore, say that if the grand jury should fail to
return indictments in the case or make some
sort of report to the court, it will be grossly
derelict in its duty and will deserve the
condemnation of every honest man in the
community. Such a failure to report would
be an act of disqualification by the jury in
ignoring facts and evidence sufficient under
general belief, not only to indct but to con-
Wet the perpetrators Of these frauds, and it
would be an outrage on public justice without
a precedent in the history of the city. In
view of the facts and evidence already known
to the public, and of the recent disclosures
understood to have been made of a confirm
atory character we do not hesitate to say that
grand jury which should fail to find indiet-
ments against the perpetrators of these frauds,
or to report to the court why they have not
been able to do so, would stand convicted at
the bar of public opinion of lack of honesty
or lack of sense. Such a failure to report
would Immediately place the grand jury at
war with every honest man in the community,
and in open alliance with the perpetrators
of one of the most outrageous election
frauds on record 1t is useless to mince
matters. This crime was committed. The
evidence has been spread before the world
Suspicion points to the parties connected in a
greater or less degree with the crime. Every
body outside of the grand jury room knows
who at least have guilty knowledge of the
forgery. No grand jury can shut its eyes to
such state of facts, nor sustain itself for
moment before the public in ignoring such an
Infamous fraud. Should they do so they
would deserve to be gibbeted on the same
scaffold with the perpetrators of the crime,
with public contempt as an executioner and
the world for witnesses.
| There is another aspect of the case. In the
possible event of the grand jury failing to re-
| port, what will be the duty of the COURT It
is not our business to instruct the court on
this point but it is our business to represent
public opinion and the public welfare. We
say, therefore, that if the grand jury comes
into court utterly ignoring the charge given
them respecting the tally-sheet forgeries, the
court should let them know their duty under
the law in DO uncertain tone. For o brave
and a just judge such contingency would be
the opportunity of life time. 1t is not for us
to indicate what course should be pursued
in such case. The resources of a court of
justice are very great. There are more ways
than one for determined judge to vindicate
the cause of outraged justice. The officers
Of the court are subject to his orders. Where
there is will there is way It is certainly
within his power to find out whether the pres
ent grand jury are trifing with their oaths
and with justice, and if SO, to summon a
jury which will not hesitate to do their duty.
This is what Judge Irwin ought to do, and
what we hope he will do if the occasion arises.
If any personal consideration growing out OF
his relations to the usufruct of the crime re-
strains him from doing this, he should call
some person temporarily to the bench who is
not SO restrained. The public is in no mood
for trihing in this business. They know that
gross and infamous crime has been per
petrated and that the perpetrators of it have
thus far succeeded in defeating justice. They
now demand that justice be done, and they
expect the Criminal Court and its officers t.
do their duty Nothing less will be tolerated
with complacence.
TIE PRESS AND THE pUTpTT